(a) Unlawful acts
It shall be unlawful for any person knowingly or intentionally—
(1) who is a registrant to distribute a controlled substance classified in schedule I or II, in the course of his legitimate business, except pursuant to an order or an order form as required by section 828 of this title;
(2) to use in the course of the manufacture, distribution, or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, expired, or issued to another person;
(3) to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge;
(4)
(A) to furnish false or fraudulent material information in, or omit any material information from, any application, report, record, or other document required to be made, kept, or filed under this subchapter or subchapter II, or (B) to present false or fraudulent identification where the person is receiving or purchasing a listed chemical and the person is required to present identification under
section 830(a) of this title;
(5) to make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit substance;
(6) to possess any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this subchapter or subchapter II;
(7) to manufacture, distribute, export, or import any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this subchapter or subchapter II or, in the case of an exportation, in violation of this subchapter or subchapter II or of the laws of the country to which it is exported;
(8) to create a chemical mixture for the purpose of evading a requirement of section 830 of this title or to receive a chemical mixture created for that purpose; or
(9) to distribute, import, or export a list I chemical without the registration required by this subchapter or subchapter II.
References in Text
Schedules I and II, referred to in subsecs. (a)(1) and (c)(1), are set out in section 812(c) of this title.
This subchapter, referred to in subsec. (c)(2)(A), (C)(i), was in the original “this title”, meaning title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, and is popularly known as the “Controlled Substances Act”. For complete classification of title II to the Code, see second paragraph of Short Title note set out under section 801 of this title and Tables.
The Controlled Substances Import and Export Act, referred to in subsec. (c)(2)(A), is title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285, which is classified principally to subchapter II (§ 951 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 951 of this title and Tables.
This subchapter or subchapter II of this chapter, referred to in subsec. (d)(2)(B), was in the original a reference to “this subchapter or subchapter II of this chapter” but probably should be a reference to “this title or title III of this Act”, meaning titles II and III, respectively, of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, 1285.
The Federal Rules of Civil Procedure, referred to in subsec. (f)(4), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
The Federal Rules of Criminal Procedure, referred to in subsec. (f)(4), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
Amendments
2008—Subsec. (c). Pub. L. 110–425 designated existing provisions as par. (1) and added par. (2).
2003—Subsec. (f)(1). Pub. L. 108–21 substituted “this section, section 842 of this title, or 856 of this title” for “this section or section 842 of this title”.
2002—Subsec. (d). Pub. L. 107–273 substituted “under title 18, or both;” for “of not more than $30,000, or both;” in two places and “under title 18, or both.” for “of not more than $60,000, or both.” in two places.
1996—Subsec. (d). Pub. L. 104–237, § 203(a), inserted par. (1) designation, substituted “Except as provided in paragraph (2), any person” for “Any person”, and added par. (2).
Subsec. (e). Pub. L. 104–237, § 206(b)(1), inserted “manufacture, exportation,” after “distribution,” and struck out “regulated” after “engaging in any”.
Subsec. (f). Pub. L. 104–237, § 206(b)(2), added subsec. (f).
1994—Subsecs. (c) to (e). Pub. L. 103–322 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
1993—Subsec. (a)(6), (7). Pub. L. 103–200, § 3(g)(1), amended pars. (6) and (7) generally. Prior to amendment, pars. (6) and (7) read as follows:
“(6) to possess any three-neck round-bottom flask, tableting machine, encapsulating machine, gelatin capsule, or equipment specially designed or modified to manufacture a controlled substance, with intent to manufacture a controlled substance except as authorized by this subchapter;
“(7) to manufacture, distribute, or import any three-neck round-bottom flask, tableting machine, encapsulating machine, gelatin capsule, or equipment specially designed or modified to manufacture a controlled substance, knowing that it will be used to manufacture a controlled substance except as authorized by this subchapter; or”.
Subsec. (a)(9). Pub. L. 103–200, § 3(g)(2), (3), added par. (9).
1988—Subsec. (a)(4)(B). Pub. L. 100–690, § 6057(a)(1), substituted “a listed chemical” for “piperidine”.
Subsec. (a)(6) to (8). Pub. L. 100–690, § 6057(a)(2)–(4), added pars. (6) to (8).
Subsec. (d). Pub. L. 100–690, § 6057(b), added subsec. (d).
1986—Subsec. (a)(2). Pub. L. 99–570 substituted a semicolon for the period at end.
1984—Subsec. (a)(2). Pub. L. 98–473 added applicability to dispensing, acquiring, or obtaining a controlled substance, and applicability to an expired number.
1978—Subsec. (a)(4). Pub. L. 95–633, § 202(b)(3), designated existing provisions as subpar. (A) and added subpar. (B).
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–425 effective 180 days after Oct. 15, 2008, except as otherwise provided, see section 3(j) of Pub. L. 110–425, set out as a note under section 802 of this title.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103–200 effective on date that is 120 days after Dec. 17, 1993, see section 11 of Pub. L. 103–200, set out as a note under section 802 of this title.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. L. 100–690, set out as a note under section 802 of this title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–633 effective Nov. 10, 1978, except as otherwise provided, see section 203(a) of Pub. L. 95–633, set out as an Effective Date note under section 830 of this title.
Repeals
Pub. L. 96–359, § 8(b), Sept. 26, 1980, 94 Stat. 1194, repealed section 203(d) of Pub. L. 95–633, which had provided for the repeal of subsec. (a)(4)(B) of this section effective Jan. 1, 1981.